was in control of. >> he shouldn't be subpoenaed, and i don't know whether this all leads to hillary clinton or some way to embarrass her during the election. >> since you brought it up, can you explain why it was that when the house committee subpoenas all the benghazi documents, they didn't turnover the rhodes memo, but when a court judge orders them to do it, they turnover the ben rhodes document. >> no, i can't explain it. there may be some claim of executive privilege. i think it's posed a political opportunity right at the moment. let me make a couple of comments on benghazi. i know something about this, and the day after the susan rice appearances, i -- or the day after the event i was meeting with some senior intelligence committee folks because i still advise in some capacities on boards to some of our agencies, and i think there was legitimate confusion. i agree about the point that the video was in egypt, and nobody really knew what the facts were, but i'm reading from the ben rhodes memo, which i have never seen before, and it said we're not aware of any actionable intelligence i